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2019 Supreme(Jhk) 1758

SANJAY KUMAR DWIVEDI
Raghuwar Singh Munda – Appellant
Versus
Radha Mohan Singh Munda – Respondent


Advocates Appeared:
Rahul Kumar Gupta, Adv.

JUDGMENT

Sanjay Kumar Dwivedi, J. - Heard Mr. Rahul Kumar Gupta, the learned counsel appearing for the appellants.

2. The appellants have preferred this Second Appeal against the judgment dated 03.09.2015 and Decree dated 10.09.2015 passed by Judicial Commissioner-III, Ranchi in Title Appeal No.96 of 2005 whereby the appellate court has dismissed the appeal confirming the judgment and decree dated 03.08.2005 passed by Sub-Judge-III, Khunti by which he confirmed the Pleader Commissioner''s report dated 06.10.2004 as a part of the final decree in partition suit.

3. Mr. Rahul Kumar Gupta, the learned counsel appearing on behalf of the appellants submits that originally a Title Partition Suit No.204 of 1983 was filed by the plaintiffs which has been decreed in favour of the plaintiffs and accordingly preliminary decree was prepared. Against the original decree dated 31.03.1990 in Title Partition Suit No.204 of 1983 was challenged in Title Appeal and thereafter in Second Appeal before this Court and the judgment dated 31.03.1990 has been confirmed by both the courts. In view of the judgment dated 31.03.1990 by an order dated 07.04.2004 a writ was issued to the Pleader Commissioner for Ta

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